Professor V.O.S. Olunloyo V. Adedapo Adeniran (2001)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

In a contested suit between the plaintiff and the defendant herein before the Lagos High Court, the plaintiff on 6th February 1998 had judgment entered for him against the defendant thus:

“Judgment is therefore hereby entered for the plaintiff against the defendant in terms of the writ of summons and the statement of claim; that is to say:

(1) For forfeiture of the tenancy of the said premises and the tenancy of the defendant in respect of the said premises, No.34/36, St. Finbarr’s College Road, Akoka, Yaba is hereby forfeited.

(2) For possession of the demised premises, and it is hereby ordered that the defendant shall give up possession of the said premises No.34/36 St. Finbarr’s College Road, Akoka, Yaba and deliver up the same to the plaintiff on OR before the 31st day of March, 1998.

(3) For mesne profits, and it is hereby ordered that the defendant shall pay mesne profits or damages for use and occupation in respect of the said premises, No.34/36 St. Finbarr’s College Road, Akoka, at the rate of (N500,000) five hundred thousand Naira per annum from 1st January 1996 until possession of the said premises is given up.

(4) The defendant shall pay interest on all the sums of money due and payable as mesne profit OR

damages for use and occupation in respect of the said premises at the rate of 6% per cent per annum from 1st of January, 1976 until possession is given up.”

Dissatisfied with the judgment, the defendant filed his notice of appeal to the Court of Appeal, Lagos Division. This was followed up by an application to the trial High Court for unconditional stay of execution of the judgment above. On the 23rd April, 1998, the High Court delivered its considered ruling in which it granted the defendant a conditional stay of execution on the following terms:-

“(1) That the execution of the judgment dated 6th of February, 1998 be and is hereby stayed on the following conditions:-

(a) That the defendant/applicant pays the mesne profits or damages as contained in the judgment, namely, a sum of N500,000 per annum from 1st of January, 1996 to 31st of December, 1998 making a total sum of (N1.5m) one million, five hundred thousand Naira, within 21 days from today; 2nd of April, 1998.

(b) If the appeal is not finalised by 31st December, 1998, the defendant/applicant shall continue to pay a sum of (N500,000) five hundred thousand naira per annum with effect from 1st January 1999 until the appeal is finally disposed of.”

Once more the defendant was not satisfied with the above ruling. He filed a similar application before the Court of Appeal holden in Lagos. The Court of Appeal in its ruling dated the 21st June 1999, unanimously dismissed the application with N2,000.00 costs in favour of the plaintiff.

Aggrieved by the decision of the Court of Appeal the defendant has now appealed to this court.